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- United States: Cartels -The Antitrust Review of the Americas - GCR - Global Competition Review
- 2016 Mid-Year Criminal Antitrust and Competition Law Update
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McCready , U. Although China and Japan have very different histories regarding their antitrust laws, antitrust enforcement officials from the two countries have recently taken steps to open a formal dialogue.
This is a welcome development for Chinese and Japanese companies, as well as for foreign companies that do business in China and Japan, and it continues the trend of increased communication, cooperation and coordination among national enforcement agencies. There remains an open question, however, as to how convergence among Asian antitrust enforcement agencies will affect possible convergence with agencies in the United States, the European Union and the rest of the world. On September 20, , the U.
In re Vitamin C Antitrust Litig. In , the plaintiffs brought several class action complaints against the major Chinese vitamin C manufacturers, alleging that the manufacturers illegally fixed the price and output levels of vitamin C that they exported to the United States.
United States: Cartels -The Antitrust Review of the Americas - GCR - Global Competition Review
The cases, which were consolidated in the Eastern District of New York, marked the first time that Chinese companies had been sued in a U. On September 7, , the Third Circuit ruled that a district court erred in granting a Fed. Hartig Drug Co.
Senju Pharmaceutical Co. Hartig Drug Company Inc. Illinois , U.
2016 Mid-Year Criminal Antitrust and Competition Law Update
The manufacturers filed a Rule 12 b 1 motion to dismiss for lack of subject matter jurisdiction, and also a Rule 12 b 6 motion to dismiss for failure to state a claim. The District Court accepted that argument and granted the Rule 12 b 1 motion on the ground that Hartig was actually suing as an indirect purchaser and not as a direct purchaser because the assignment was invalid. There is a clear preference by the antitrust authorities to educate companies in compliance to avoid issues in the future. In considering those issues, and devising their procedures, businesses should bear in mind that compliance programmes are increasingly being challenged by global antitrust authorities and that this brings with it reputational and litigation risks for those who get it wrong.
In relation to private enforcement, the EU Damages Directive has now been implemented in virtually all EU Member States, which may result in an increase of follow-on damages claims in the immediate to near future.
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